


HV 8355 
.06 




1834a 




Copy 1 


■^^^^^^^^ 




REPORT 




— OF THE — 



DIRECTORS 



OF THE 



NEW PENITENTIARY 



COLUMBUS : 

JAMES B. GARDINER 
Printer to the State. 



1834- 



RE-ISSUED AT THE 

OHIO PENITENTIARY 

1895. 



***< 



ZREZPOKT 



-X-OF THE-X- 



7 V 



R.EPO RT. 



To the Honorable the General Assembly of the State of Ohio : 

In conformity with the provisions of the law prescribing their 
duties, the undersigned, directors of the new penitentiary, respect- 
fully report : 

That since their last Annual Report the progress of the work 
in the construction of the new prison, has equalled their highest 
expectations. The east wing of the prison, containing a block of 
350 cells, requires, only the floors and railing of the upper galler- 
ies, to be completed. The keeper's house, or center building, is 
now ready for the root, for which the copper has been procured, and 
will be put on in a few days. Two rooms in the guard house are 
also finished. 'A building for mess room, kitchen and hospital 
has been erected and completed. This building consists of two 
stories — dimensions 140 by 40 feet The walls are of limestone. 
In the lower story is a mess room of 90 by 40 feet, which is, also, 
for the present used as a chapel. The residue of the lower story 
is divided into a kitchen and bake room. In the second story is 
a summer hospital of the same dimensions with the mess room; 
and over the kitchen is a winter hospital, attached to which is a 



nurse room or hospital, kitchen, and a medicine room. The sum- 
mer hospital, at present, answers an excellent purpose as a work- 
shop for the tailors and shoemakers of the prison. Two hundred 
feet of double work shop, equal to shop room of 400 by 26 feet, 
has also been erected and nearly finished. This will give suffici- 
ent shop room for the employment of the convicts during the 
present winter. 

The progress of the work has been greatly facilitated by some 
advantages in the site of the prison, not anticipated at the time 
of its selection. Excellent clay for brick making is found within 
the prison yard; and an abundant supply of sand, and of good 
quality, is also found upon the prison ground. The value of the 
sand alone, in the construction of the buildings and walls of this 
institution, is more than twice as great as the whole cost to the 
State of the prison site of fifteen acres. The waters, too, have 
favored the undertaking While preparing a pool for mortar 
making, water gushed up from the bottom, and filled the res- 
ervoir, that constant use will not drain. 

In performing this work, the directors have considered it good 
econonw to give the whole work the character of strength, per- 
manence, and durability, although the expense should exceed the 
original estimate of the cost. With this view, they have in many 
instances, purchased materials of better quality than was at first 
contemplated, and have bestowed more labor upon the construc- 
tion of the buildings than was originally designed. The directors 
flatter themselves that their doings, in this respect, will meet the 
approbation of the Legislature. 

When it is considered that this work has been principally per- 
formed by convicts, and that the most experienced workmen are 
almost daily leaving the work, by reason of the expiration of their 
sentences, or by the exercise of the pardoning power, and their 
places supplied by fresh and inexperienced hands, the excellence 
of the workmanship is truly surprising, and reflects great credit 
upon the vigilance of the superintendent and his assistants. The 
greater portion of the convicts thus employed, during the last 
year, have displayed an industry rarely equalled by hired labor- 
ers ; and have improved their mechanical skill with a rapidity 
seldom equalled by indentured apprentices. This, it is believed, 
should be classed among the good results of the more rigid and 
systematic discipline, to which the convicts have been subjected 
during the last year. 

On the 28th and 29th days of October last, the convicts were 



— 3 — 

all removed from the old to the new penitentiary. At that time 
the whole n amber was 189. 

Discharged since, by expiration of sentence 6 

Discharged since, by pardon 6 

Escaped 2 

14 

Received, since removed... n 

Recaptured , 1 

12 

Whole number in confinement, December 1 187 

As the necessity for the frequent exercise of the pardoning 
power to make room for fresh convicts, has now ceased, it is to be 
presumed that the number will be greatly increased in the com- 
ing year. 

On transferring the convicts from the old, to the new peniten- 
tiary, it w 7 as, by law, made the duty of the directors, to appoint a 
warden to take charge of them. And as nearly all the labor of 
the prisoners, for a year or two yet to come, must necessarily be 
applied to the building of the prison, and its appendages, under 
the care of the superintendent; there seemed great propriety in 
uniting, temporarily, those two offices in the same person. Ac- 
cordingly, the board, believing Mr Medberry, the superintendent, 
to possess the necessary qualifications for warden, appointed him 
to that office. As warden, he has given bond, with security, and 
taken the oath of office, required by law. His salary remains as 
before. 

The directors being required by the "Act concerning the old 
penitentiary," to take charge of all bonds, notes and books of ac- 
count, belonging to that institution, and to adopt measures for 
their collection, have placed the same in the hands of Mr. Uriah 
Lathrop, who is now employed in arranging them. And he is 
instructed to collect, such as are collectable, as speedily as pract- 
icable. What amount can be realized from these claims, it is im- 
possible now to determine. It is, however, certain that no very 
considerable amount can be collected. 

The amount of merchandise, including all kinds of manufactured 
articles, raw materials, tools and machinery, furniture, cloth- 
ing, etc., as appraised by the appraisers, appointed by the di- 
rectors of the new penitentiary, to apprai.se the property of the 

old prison, amounts to.. . . $4,36781 $4,36781 

Book account on ledger A, amount to 252 34 

Book account on ledger B, amount to . .. 1,201 13 

Book account on ledger C, amount to 2,099 3° 

Book account on ledger D, amount to 7,891 28 

Book account on ledger K, amount to i,743 76 

Judgments before magistrates 4,617 91 

Notes on hand 3.733 81 

$21,539 53 

$^5,907 34 



The work performed by the convicts, on and for the new pen- 
itentiary, from the 1st of December, 1833, to the 1st of December, 
1834, has been 28,049 days; employed as follows, to wit: 

At blacksrnithing 1,824 days 

At carpenter and joiner work 3,529 days 

At stone cutting 7,875 days 

At mason work 3, on days 

As tenders and at miscellaneous work 11,810 days 

Aggregate 28,049 

Of the above amount, 2,854 days' work have been performed 
since the removal of the convicts to the new prison. 

Since the 1st day of December, 1833, and prior to the 1st day 
of December, 1834, there has been drawn from the State treasury, 
on account of the new penitentiary the sum of $23,900. 

Of this amount there has been expended on account of the building $21,526 97 

For conviction and transportation of convicts, furniture, clothing, provi- 
sions, etc 2,04851 

Remaining of the above in the hands of the superintendent 324 42 

Aggregate $23,900 00 

The building expenses, in the last year, have been as follows : 

Paid for wrought iron $347 I2 ^ 



Paid for cast iron 



309 02% 



6,000 


00 


300 OO 
3.056 66 
1,250 00 

200 00 


1,000 
5.764 
1,405 


00 

95 
16 



Paid for free stone 1,894 05 

Paid for lime stone 

Paid formating brick 

Paid for lumber 

Paid for tin and copper for roof , 

Paid for lime 

Paid salary of superintendent 

Paid for labor of mechanics, guards, etc 

Paid for incidental expenses 

Making , $21,526 97 

The expenditures on account of the prisoners, since their re- 
moval, have been as follows : 

Paid to discharged convicts $ ir 30 

Paid for conviction and transportation 708 915/ 

Paid salarv to assistants 44 D o 

Paid for provisions -776 =8 



Paid for iron bedsteads 



145 62^ 



Paid for furniture and incidental expenses 761 88^ 



Making as above $2,048 



5i 



The amount expended on account of the new penitentiary, prior to the 1st 

of December, 1833, as per last report, is $26,025 28 

To which add the expenditures of the last year, as above 21,526 97 

Making the total expenditures on that account, up to the 1st inst $47,552 25 

It is expected that within the coming year the whole of the 



external wall of the prison yard will be erected. Some additional 
work shops, and an apartment for the accommodation of female 
convicts, will also be constructed. 

While the labor of the convicts is thus applied, it cannot be 
expected that they will manufacture anything for sale. It will, 
therefore, be necessary for the Legislature to provide for their 
support. Should the conviction and transportation of the con- 
victs continue, as heretofore, to be charged to the appropriation 
for the penitentiary, it is believed by the board, that to sustain 
the prisoners, defray the expenses of conviction and transporta- 
tion (which of itself constitutes a heavy account), pay the salaries 
of the officers of the prison and purchase the material necessary 
for a vigorous prosecution of the work during the ensuing year, 
will require an appropriation of thirty thousand dollars, in addi- 
tion to the unexpended balance of the former appropriation. 

As the plan of the new prison will enable the officers thereof 
to prevent that familiar intercourse among the prisoners, which 
has been demoralizing and corrupting in the old prison, and so 
effectually thwarted every attempt at the reformation of the con- 
victs, it seems to this board, that a favorable opportunity is now 
presented for making a fair and full experiment with the reform- 
atory system of discipline. To enable them to make this experi- 
ment, the board would respectfully urge upon the consideration 
of the Leg'slature, the propriety of providing by law, for the 
appointment of a chaplain for the penitentiary. Although the 
gratuitous services of a clergyman may be occasionally had upon 
the Sabbath ; yc-t no system of moral or religious instruction can 
thus be pursued Every clergyman having charge of a church 
or congregation, finds that he, can do as much to advance the 
interests of h's charge, bv his labors out of the desk, as by his 
sermons in it. So a chaplain for the prison, by visiting the pris- 
oner in the solitude of his cell, making himself acquainted with 
the structure of his mind, his train of thought, his peculiar pro- 
pensities, and the degree of moral culture he has heretofore re- 
ceived, would do more toward the reformation of the prisoner 
than by his sermons on the Sabbath. In this way, he would 
sometimes find a secret avenue to the heart, through which whole- 
some counsel and instruction could be conveyed to a prisoner; 
upon whom a sermon, addressed to the multitude, would take no 
effect. Besides this, a chaplain, who should devote his whole time 
to the interests of the prison, could organize and superintend a 
Sunday school at the prison; in which those convicts who have 



— 6 — 

no knowledge of letters could be taught to read. The Bible, 
which the law requires should be provided for each convict, is 
useless furniture in the cell of one who has never learned the 
alphabet. 

The board would here suggest, that no provision has yet been 
made, by law, for the appointment of a deputy warden. An 
officer of that grade, possessing qualifications of a higher order 
than can usually be found in a common assistant, or guard, seems 
to be necessary for the proper regulation of the prison. It would 
seem to be proper that he should be appointed by the warden, and 
responsible to him for his good conduct. It is believed that for a 
salary of five hundred dollars per annum, a suitable person for 
the station, might be had. The warden is authorized to employ 
a suitable number of assistants, but is limited in their compensa- 
tion to twenty-five dollars per month. It is found that this limit- 
ation is injudicious. The bodily strength, which would qualify a 
man for a good laborer upon a farm, is not the only quality neces- 
sary in an assistant in prison. He should have moral worth — 
he should have mind, as well as physical strength. To secure the 
services of a better order of men, and to induce them to give 
unremitted attention to the duties required of them, every day in 
the week, and by night, as well as by day, it will be necessary to 
pay somewhat higher wages than can be procured in ordinary 
business. The board would therefore suggest the propriety of 
raising this limitation from twenty-five to thirty, or thirty-three 
dollars. 

As the warden cannot perform all the other duties of his office, 
and, at the same time, give that attention to the records, registers 
and accounts ot the prison, which is necessary to their regular 
and systematic keeping, the board would recommend that the 
warden be authorized to employ a competent clerk, at an annual 
salary to be fixed by law. 

Another suggestion also seems necessary. No provision is yet 
made by law, for the appointment or employment of a physician 
for the new penitentiary, nor for the procurement of medicines. 
Humanity and the sympathies of our nature, 'would dictate that 
the prisoner should be provided for in sickness, as well as in 
health. We would, therefore, recommend that the warden be 
authorized, by law, to purchase on behalf of the institution, and 
keep constantly on hand, all such medicines as are of common 
and frequent use in the curing of diseases ; and that provision be 
made for the appointment of a physician, whose duty it should 



be to visit the prison at least once every day, and oftener when 
necessary. 

During the past season, two members of the board visited the 
most of the improved prisons of the United States, for the pur- 
pose of making themselves more fully acquinted with the man- 
agement of those institutions, and especially, with a view to the 
adoption of a code of discipline for the new prison ; but the board 
have not yet been able to complete a code of by-laws and rules, 
for ihe regulation of the officers and inmates of the prison, to 
their entire satisfaction. A copy of those already adopted, is 
herewith reported. 

The directors would close this communication with the remark, 
that, in the discharge of their duties, they have as yet, met with 
no discouragement ; but, on the contrary, are cheered with fresh 
courage to persevere in, and carry out the plan adopted; and are 
now more and more confirmed in the opinion heretofore expressed, 
that the reformation of the greater portion of our convicts is prac- 
ticable, and that during the process of this reformation, when 
provided with suitable buildings, they can be made to sustain 
themselves — thus accomplishing two great and very desirable ob- 
jects at once — relieve the State from the burdensome expense of 
sustaining them, and send into the community, not more accomp- 
lished villains, but, in many instances, subdued, reformed, skilful 
and industrious mechanics and laborers. 
Respectfully submitted, 

Joseph Olds, 
Sam'l E. McCracken, 
C. Anthony. 
Columbus, December 10, 1834. 



RULES AND REGULATIONS 



-OF THE- 



NEW PENITENTIARY 



[X-3-. « 



The foilowiyig Rules and Regulations have been Adopted for the 
Government of the New Penitentiary : 

It shall be the duty of the warden to attend constantly at the 
prison, except when performing some other necessary duty con- 
nected with his office. As soon as the building now being built, 
is so far finished as to be comfortable, he shall remove to and 
afterward constantly reside at the prison. He shall keep a regis- 
ter in which he shall regularly enter the reception, the previous 
moral character, habits and education (as far as the same can be 
ascertained), and the discharge, death, pardon or escape of any 
prisoner; and also, the complaints that are made and the punish- 
ments that are inflicted for breach of prison discipline, as they 
occur ; the visits of the directors and of the physician, and all 
other occurrences of importance, that concern the prison, except 
the receipts and expenditure and other pecuniary transactions of 
the prison — the account of which is to be kept as hereafter 
directed. 

The warden shall examine daily into the state of the prison, 
and the health, conduct and safe keeping of the prisoners; and 
for that purpose he shall visit every cell and apartment, and see 
every prisoner under his care at least once in every day. 

The warden shall pay particular attention and constantly use 
his best endeavors for the moral reformation and culture of the 



convicts; and shall permit nothing to be done or said in the 
presence of any of the prisoners under his charge calculated to 
interfere with so desirable an object. All his orders should be 
given with mildness and dignity, and enforced with promptitude 
and firmness ; but he should carefully guard himself against per- 
sonal and passionate resentment. 

The warden shall use proper means to furnish the prisoners 
with constant employment, the most beneficial to the public — 
having proper regard to their various^ capacities ; and he shall 
employ such prisoners as are not engaged in the building of the 
prison, in such manufacturing or mechanical business, as he may 
find to be most proper. 

It shall be the duty of the warden to cause the books and 
accounts to be kept in such a manner as clearly to exhibit the state 
of the prisoners — the number employed in each branch of busi- 
ness, and their earnings — the number in the hospital — the ex- 
penses of the prison — and all receipts and payments — purchases 
and sales — and to exhibit the same to the directors at their quar- 
terly meetings, and at any other time when required. 

The warden shall appoint a suitable person to act as his deputy, 
who shall be called the principal assistant; whose duty it shall be 
to exercise under the direction of the. warden, a general inspection 
and superintendence over the whole of the establishment and all 
its concerns, and to see that the rules and regulations of the insti- 
tution are enforced, and that every precaution is taken for the 
security of the prison and the prisoners ; and in case of the 
absence of the warden or of his inability to perform his duties, 
the principal assistant shall perform the duties of warden, until 
the warden shall resume his station. 

As it is by law made the duty of the directors, to see personally 
to the condition and treatment of the prisoners, no regulation or 
order shall be made to prevent prisoners having ready access to a 
director, who may be present; nor shall any punishment be in- 
flicted upon them for speaking to a director. In discharging this 
part of their duty, the directors will deem it proper not to sutler 
a convict to hold any conversation with them in the presence or 
hearing of other prisoners. 



10 



DUTIES OF ASSISTANT KEEPERS. 

Assistant keepers are required to be at the prison at all times 
during prison hours, unless prevented by sickness, or having 
previously obtained leave of absence. 

They are required, as they are bound by their oath of office, to 
enforce rigidly every rule and regulation of the prison. 

The preservation and the effect of the whole system of disci- 
pline depends upon non-intercourse between convicts. They will, 
therefore, make use of every exertion to prevent any communica- 
tion between them. 

They are required to say nothing in the presence of any of 
the convicts respecting the police of the prison, unless it be for 
the purpose of directing them in their duty. 

They are to hold no unnecessary conversation with convicts, 
nor allow them to speak unless it is absolutely necessary. 

They are not to take one convict's word against another, nor 
countenance in the least degree, one convict's complaining against 
another, nor are they to allow any convict to speak lightly or 
disrespectfully of any officer of the prison. 

The}'' are to require of convicts, labor i?i sile?ice and strict 
obedience. 

They are required to report every convict under their imme- 
diate direction and control, to the warden or his assistant, for all 
wilful violations of discipline or duty ; and all violations of dis- 
cipline or duty which assistants d scover in convicts who are 
not under their immediate direction, they are required to report 
to the warden or deputy warden, with the name of the trans- 
gressor. 

When on duty, they are required to govern themselves in strict 
conformity to the rules of the institution. They will avoid all 
whistling, scuffling, loud laughter, and all acts which are undig- 
nified, and in all their intercourse with each other, it is hoped 
they will exercise mutual respect and kindness, and cultivate a 
desire to exalt the character and promote the interest of the in- 
stitution. 

All assistant keepers, when within the precincts of the prison, 



— 11 — 

are to consider themselves on duty, and govern themselves ac- 
cordingly. 

As soon as the prisoners are locked up at night, each assistant 
having charge of a division, and those having charge of the mess 
room, hospitals, etc , must report immediately to the deputy 
warden, the number they have locked up or have in charge 
respectively. 

All unnecessary talking or conversation on ordinary subjects 
in the halls, is strictly forbidden. And all loud talking in the 
keeper's hall (or guard room), and all arguments on the subject of 
politics or religion, which are calculated to excite and to prejudice, 
are to be avoided. 

The deportment of assistant keepers toward convicts, in all 
situations, should be manly and dignified, in order not only to 
inspire the convicts with respect toward them, but also, to set the 
example of good order and decorum 

Their deportment toward each other, in the presence of con- 
victs, should be characterized by the most gentlemanly demeanor; 
they are not to gather into groups for the purpose of conversa- 
tion; and #// conversation, except such as is necessary in the dis- 
charge of their official duties, should be avoided whilst on duty. 

They are not to indulge any petulance toward each other, nor 
indulge in levity of any description, and especially to avoid the 
use of profane and vulgar language, in the presence of prisoners 
or about the prison ; and in short, to do nothing in this respect, 
that they will not allow a convict to do 

They will require from convicts the greatest deference, and 
never suffer them to approach but in the most respectful manner; 
they are not to allow them the least degree of familiarity, nor 
exercise any toward them ; and finally, they shou:d be extremely 
careful to command as well as to compel their respect. 

The}' are not to suffer any stranger or other person (except 
such as are authorized by law), to hold any conversation with, or 
to speak to any prisoner, without the consent of the warden ; nor 
are they to surfer any paper, letter or writing of any kind, to pass 
in or out of the prison, without the inspection or knowledge of 
the warden. 

If a prisoner is sick or from any cause unable to work, the 
assistant under whose charge he may be, will (in the absence of 
the physician), take him to his cell or to the hospital, as his 
situation may seem to require, and immediately make out in 
writing, the name of the prisoner or prisoners, complaining or 



12 — 



disabled, stating where he or they may be found, and deliver the 
same to the warden or to his deputy. 



DUTIES OF THE PRISONERS. 

They are to labor faithfully and diligently, to obey all orders 
promptly, and to preserve unbroken silence. 

They are not to exchange a word with each other, under any 
pretence, nor to communicate any intelligence to each other in 
writing; they are not to exchange looks, winks, laugh with each 
other, nor make use of any signs, except such as are necessary 
to convey their wants to the waiters. 

They must approach their keepers in the most respectful 
manner, and be brief in their communications. They are not to 
speak to them on ordinary topics, nor address them except when 
it becomes necessary in relation to their work or their wants. 

They are not at any time, nor under any pretence, without 
leave, to speak to any person who does not belong to the institu- 
tion, nor receive from them any letter, paper, tobacco or other 
thing whatever. 

They are not to leave the place where they are put to. work, 
nor the work they are set to do, without the special permission or 
orders of the proper officer ; they are not to suffer their attention 
to be taken from their work to look at visitors, nor are they to 
gaze or look at them when unemployed. 

Their whole demeanor must be in accordance with the most 
perfect order and in strict compliance with the rules and regula- 
tions of the prison. 

No convict is wilfully or carelessly to injure his work, tools, 
wearing apparel, bedding, or any other thing belonging to, or being 
about the prison ; nor will any prisoner be suffered to mark, injure 
or in any way deface the walls or any part of his cell or night 
room, nor is he to execute his work badly, when he has the ability 
to do it well. 

The law provides : " That no convict shall receive or transmit 



-13 — 

any letter or paper, except under the inspection of the keeper, 
nor shall such convict hold any correspondence in or out of the 
penitentiary, nor converse with any person, except the Governor, 
heads of departments, members of the general assembly, judges of 
the supreme and common please courts, and officers of the prison ;" 
no violation of this provision of the law will be indulged. 

Each prisoner, so far as is practicable, will occupy the same 
cell every night ; as they enter their respective cells, each prisoner 
after setting down his room bucket and can, must draw the door 
of his cell until it strikes the latch, and in this position stand, 
holding his door until the turnkey approaches and enters the key; 
the prisoner will then instantly close his door. 

At the ringing of the bell, every prisoner must go to bed im- 
mediately (but they may go to bed previously if they choose), and 
a profound silence must be observed from that time until the bell 
rings in the morning, at which time every prisoner must imme- 
diately dress himself and prepare to march out. 

They will always march in the lock-step, and in such order as 
may be designated by the officers in charge. While in their cells 
and while marching, and at all other times, all unnecessary noise 
must be avoided. 

No prisoner will be suffered to sleep with his clothes on. 

If a prisoner becomes sick or from any cause feels unable to 
work, he will report himself to the officer under whose charge he 
may be. 

For all wilful violation of the above rules, corporal punish- 
ment will certainly be inflicted. 



Officers of the Ohio pEj^iTEj^TiyvRY. 

-Me 1 8 9 5 . JM- 



MANAG-ERS 



J. H. BRIGHAM, . 
JULIUS WHITING, Jr. 
GEO. A. HAY, 
HENRY ABTHORP, 
ALLANIAH B. COLE, 

E. J. Kessinger, vSecretary Board Managers. 



Delta 

Canton 

Coshocton 

Ashtabula 

Chillicothc 



DFFICERS 



C. C. JAMES, 
BRADFORD DAWSON, 
OWEN STACKHOUSE, 
S. A. STERNBERGER, 
L. M. COUGHENOUR, 
DAVID MILLER, 
C. L. WINGET, . 
W. T. ROWLES, 
G. A. THARP, . 
HARRY S. JONES, . 
DAN. J. MORGAN, . 
J. C. LANGENBERGER, 
FRANK HATTON, . 
JACOB RICHARDS, 
N. MUNSHOWER, . 
R. P. GREEN, . 
JOHN E. THRALL, . 
F. M. BOWMAN, 
THOMAS C. SIMMONS, 
WILLIAM INGRAM, 
J. H. WATKINS, 
J. N. FULLER, 
J. W. HELVIE, . 
DELLA McMASTER, 
Miss JULIA LEE, 
Miss ALICE L. GRAVES 



Warden 

Deputy Warden 

Ass't Deputy Warden 

Clerk 



Ass't Clerk 

Steward 

Chaplain 

. Physician 

AssH Physician, (day) 

AssH Physician , (night) 

Superintendent Schools 

Captain Night Watch 

Storekeeper 

Super in tende7it Co?istruction 

Superintendent Subsistence 

. Superintendent Gas 

Captain Guard Room,, (day) 

Captain Guard Room, (night) 

Supcrijitendent State Shop 

Superintendent Piece Price 

Superi?ite?ident Transfers 

Superintendent Yard 

Postmaster 

Stenographer 

Matron 

Assistant Matron 



TD EPRINTED at the Ohio Penitentiary, May, 1895, from an 
~^F original report, furnished by Mr. J. J. ZEELERS, of the 



United States pension office, Columbus, Ohio. 



(\f^ 



LIBRARY OF CONGRESS * 



027 273 818 A 



